This is a lawsuit by the United States under Title II of the Civil Rights Act of 1964,
§§ 2000a, etseq. ("Title II"), which prohibits discrimination on the basis of race, color,
national origin, and religion in places of public accommodation. The lawsuit alleges that the
owners, operators, managers, and employees of two nightclubs, Joe's and Acapulco Joe's,
violated Title II by denying African American and Latino persons admittance to these nightclubs
because of their race, color and/or national origin.

Joe's is a nightclub located at 115 N. Rock Island, Wichita, KS 67202. Joe's opened
for business on or about October 2000 at 115 N. Rock Island, Wichita, Kansas 67202. Joe's is a
successor to Acupulco Joe's, a nightclub which previously operated at the same location, from
approximately 1998 to October, 2000, and at a location on East Kellog Street, also in Wichita,
Kansas, from approximately 1994 to 1998. Joe's is, and Acapulco Joe's was, a place of
exhibition and entertainment and, thus, a place of public accommodation pursuant to 42 U.S.C.
§ 2000a(b).

The Defendants in this action are Charles Badeen; JOOT, Inc.; Better Times, Inc.;
Candi Morris; Anthony Morris; Richard Davis; and Randall Gale, the individuals and entities
who had an ownership or managerial interest in Joe's and/or Acapulco Joe's at times relevant to
this action. JOOT, Inc., a corporation organized under the laws of the State of Kansas, is the
entity that currently owns and operates Joe's. Candi Morris, a resident of the State of Kansas, is a
shareholder and president of JOOT, Inc. Anthony Morris, a resident of the State of Kansas, is a
shareholder and officer of JOOT, Inc. Better Times, Inc., a corporation organized under the laws
of the State of Kansas, was the former owner and operator of Acapulco Joe's. Charles Badeen
and Randall Gale, both residents of the State of Kansas, were the sole shareholders and officers
of Better Times, Inc. Richard Davis, a resident of the State of Kansas, is the current manager of
Joe's and was formerly a manager of Acapulco Joe's. Charles Badeen managed Acapulco Joe's
and sometimes manages or staffs Joe's.

This lawsuit was filed following an investigation by the United States into allegations
of discrimination against African American and Latino persons at Joe's and Acapulco Joe's. The
investigation revealed that the Defendants discriminated against African-American and Latino
patrons and prospective patrons of Joe's and Acapulco Joe's in violation of Title II through the
following actions: instructing employees to exclude African American and Latino patrons by
claiming that their dress did not comply with the Club's dress code but allowing white patrons
wearing similar clothes to enter; refusing to accept some forms of valid proof of age from
African American and Latino patrons but accepting those same forms of identification from
white patrons and/or falsely telling African American and Latino patrons that their identification
was not valid; refusing admittance to groups of African American and Latino patrons; instructing
nightclub employees to deny admittance to African American and Latino patrons; and prohibiting
nightclub employees and contractors from playing rap and Spanish-language music in order to
discourage the interest of African American and Latino patrons in attending the establishment.
In addition, the investigation revealed that some or all of the Defendants regularly used racial and
ethnic epithets and derogatory language when talking to and/or about African-American and
Latino individuals.

The Kansas Human Rights Commission also investigated Joe's after receiving
information and complaints suggesting that Joe's was discriminating against potential patrons on
the basis of race and color.

The Defendants admit that African-American and Latino individuals have been
wrongfully excluded from Joe's and Acapulco Joe's and acknowledge that the United States'
evidence would, if this matter were brought to trial, establish that they engaged in a pattern or
practice of discrimination on the basis of race, color, and national origin in violation of Title II.

Definitions

The term "Order" shall mean and refer to this Consent Order and Final Judgment.

The term "Place of Public Accommodation" shall have the meaning set out in 42
U.S.C. §2000a(b), and shall mean and refer to, but not be limited to, the following: (1) any inn,
hotel, motel, or other establishment that provides lodging to transient guests; (2) any restaurant,
cafeteria, lunchroom, lunch counter, soda fountain, or any other facility principally engaged in
selling food for consumption on the premises, including any such facility located on the premises
of any retail establishment or any gas station; (3) any motion picture house, theater, concert hall,
sports arena, stadium, nightclub, bar, or other place of exhibition or entertainment; and (4) any
establishment which is located within the premises of any establishment listed in (1), (2) or (3)
above and any establishment within the premises of which is physically located any
establishment listed in (1), (2) or (3) above.

The term "Joe's" shall mean and refer to the nightclub located at 115 N. Rock
Island; Wichita, KS 67202 and any subsequent Place of Public Accommodation owned, operated,
managed, or staffed, in whole or in part, by any of the Defendants or any entity in which any of
the Defendants has an ownership or management interest.

Representations by Defendants

Defendants hereby represent to the Court and to the United States under penalty of
perjury that they do not own, operate, manage or staff any Place of Public Accommodation
except as shown below:

Defendant Candi Morris is a shareholder and president of JOOT, Inc.

Defendant Anthony Morris is a shareholder and officer of JOOT, Inc.

Defendant JOOT, Inc. owns and operates Joe's.

Defendant Richard Davis manages and staffs Joe's.

Defendant Charles Badeen is an owner and officer of Better Times, Inc. and staffs
Joe's.

Defendant Randall Gale was an owner and officer of Better Times, Inc at times
pertinent to this case, but is no longer an owner or officer of Better Times, Inc. nor does he
currently have any interest in the ownership, operation, management or staffing of Joe's or any
other place of public accommodation. (1)

Defendant Better Times, Inc. is the former owner of Acapulco Joe's.

Agreement by Parties to Resolve Litigation Through Entry of this Order

At this time, the Parties have agreed that, in order to avoid protracted and costly
litigation, this lawsuit should be resolved without further litigation, through the terms of this
Order. This Order will also resolve the administrative complaints filed with, and the
investigation conducted by, the Kansas Human Rights Commission. Therefore, without a trial or
adjudication on the merits, the United States, the Defendants, and the Kansas Human Rights
Commission hereby consent to the entry of this Order.

Permanent Injunctive Relief

The Defendants, their agents, employees, successors, and all other persons in active
concert or participation with any of them in the ownership, operation, management, or staffing of
Joe's or any limousine service; restaurants; liquor stores; bars; or any other Place of Public
Accommodation are hereby PERMANENTLY ENJOINED from:

Failing or refusing, on account of race, color, national origin, or
religion to admit any person to the premises or property of such establishment or
business;

Denying to any person, because of race, color, national origin, or religion the
full and equal enjoyment of all of the goods, services, facilities, privileges,
advantages and accommodations of such establishment or business;

Discriminating on the basis of race, color, national origin, or religion in the
terms, conditions, or privileges of admission to such establishment or business, or,
because of race, color, or national origin, providing different information about
the terms, conditions, or privileges of admission;

Applying different requirements to be admitted to or remain within the premises
of such establishment or business on the basis of race, color, national origin, or
religion;

Denying, deterring or delaying admission to such establishment to any person
because of race, color, national origin, or religion by adopting any practices or
procedures in the management or operation of such business or establishment that
discourage persons on the basis of race, color, or national origin from patronizing
such establishment; and

Otherwise engaging in any conduct that violates Title II of the Civil Rights Act
of 1964, 42 U.S.C. §2000a, etseq.

Injunctive Relief to Ensure Compliance with Title II at Joe's and Other Places of Public Accommodation

Defendants shall perform the following actions to ensure compliance with Title II at Joe's
and other Places of Public Accommodation:

Within fifteen (15) days after the date of entry of this Order, Defendants shall erect
and maintain a printed sign at each public entrance to Joe's. The sign shall state in block letters
at least two inches high and in both English and Spanish that the establishment is open to all
members of the public without regard to race, color, national origin, and religion. Such sign shall
be printed in dark letters on a contrasting background and shall be located in a place clearly
visible to all patrons as they enter the premises. Such sign shall include a statement that any
person who feels he or she has been discriminated against on the basis of race, color, national
origin, or religion should write or call the Housing and Civil Enforcement Section of the Civil
Rights Division of the U. S. Department of Justice, 950 Pennsylvania Ave., NW - G St.,
Washington, D.C. 20530, telephone number 1-800-896-7743, ext. 7. Such sign shall include a
statement that any caller should refer to DJ No. 167-29-22 when contacting the Department of
Justice about this facility. The text for such sign is specified in Attachment A.

Within fifteen (15) days after obtaining an interest in the ownership, operation,
management, or staffing of any Place of Public Accommodation, any Defendant(s) having such
an interest shall erect and maintain a printed sign at each public entrance to each such
establishment. The sign shall state in block letters at least two inches high and in both English
and Spanish that the establishment is open to all members of the public without regard to race,
color, national origin, and religion. Such sign shall be printed in dark letters on a contrasting
background and shall be located in a place clearly visible to all patrons as they enter the
premises. Such sign shall include a statement that any person who feels he or she has been
discriminated against on the basis of race, color, or national origin should write or call the
Housing and Civil Enforcement Section of the Civil Rights Division of the U. S. Department of
Justice, 950 Pennsylvania Ave., NW - G St., Washington, D.C. 20530, telephone number
1-800-896-7743, ext. 7. Such sign shall include a statement that any caller should refer to DJ
No. 167-29-22 when contacting the Department of Justice about this facility. The text for such
sign is specified in Attachment A.

Within fifteen (15) days after the date of entry of this Order, Defendants shall erect
and maintain a printed sign at each public entrance to Joe's. The sign shall state in block letters
at least two inches high and in both English and Spanish that the establishment accepts the
following forms of identification for proof of age: (1) a valid state drivers license; (2) a valid
state or federally-issued ID card displaying the bearer's date of birth; (3) an active military ID; or
(4) a passport. The sign shall also make clear that the failure of an ID to scan is not by itself a
valid basis for denial of admission, but that ID's shall be inspected by door staff and patrons shall
be offered the opportunity to have the ID verified by a police officer if any question about
authenticity remains. Such sign shall be printed in dark letters on a contrasting background and
shall be located in a place clearly visible to all patrons as they enter the premises. The text for
such sign is specified in Attachment B.

Within fifteen (15) days after obtaining an interest in the ownership, operation,
management, or staffing of any Place of Public Accommodation for which proof of age is a
condition of admittance by patrons, any Defendant(s) having such interest shall erect and
maintain a printed sign at each public entrance to each such establishment. The sign shall state in
block letters at least two inches high and in both English and Spanish that the establishment
accepts the following forms of identification for proof of age: (1) a valid state drivers license; (2)
a valid state or federally-issued ID card displaying the bearer's date of birth; (3) an active military
ID; or (4) a passport. The sign shall also make clear that the failure of an ID to scan is not by
itself a valid basis for denial of admission, but that IDs shall be inspected by door staff and
patrons shall be offered the opportunity to have the ID verified by a police officer if any question
about authenticity remains. Such sign shall be printed in dark letters on a contrasting background
and shall be located in a place clearly visible to all patrons as they enter the premises. The text
for such sign is specified in Attachment B.

Within ten (10) days after the date of entry of this Order, Defendants shall adopt a new
policy with respect to all patrons who are denied admittance to Joe's. When denying entrance to
a patron, the individual denying entrance shall complete a form, the text of which is found in
Attachment C, which shall show the date, the reason why admittance was denied, and the name
of the person who made the decision to deny admittance. One copy of this form shall be given to
the patron who is denied entry and the other copy of the form shall be retained by Joe's, subject
to the document production provisions in Section VIII.C. below.

Within ten (10) days after the date of entry of this Order, Defendants shall erect and
maintain a printed sign at each public entrance to Joe's. The sign shall state in block letters at
least two inches high and in both English and Spanish that any individual who is denied entry
into the club is entitled to a written explanation of the reasons for such denial. Such sign shall be
printed in dark letters on a contrasting background and shall be located in a place clearly visible
to all patrons as they enter the premises. The text for such sign is specified in Attachment D.

Defendants represent to the Court and to the United States that there are currently
video cameras installed at the public entrance(s) to Joe's that are placed so as to make a video
record of all patrons who are admitted or denied admittance to Joe's. Defendants shall maintain
the video cameras that are currently installed at the public entrance(s) to Joe's and shall maintain
a continuous video record of all persons granted and denied admittance to the nightclub each day
during hours when the facility is open to the public. The videotape record for each day shall be
maintained unaltered for a period of sixty (60) days following the date of recording, with tapes
being maintained in a manner that permits ready identification and retrieval of the videotapes for
each day. Upon written request by the United States at any time while this Order is in effect,
Defendants shall forward to the United States in original, unaltered condition within five (5) days
of the receipt of any request all videotapes currently being maintained or all videotapes for
specific days requested by the United States. (2)

Within sixty (60) days of the date of entry of this Order, Defendants and their
employees or agents with responsibility for the management and/or provision of services at Joe's
or any other business or entity covered by this Order, shall attend a program of educational
training concerning the substantive provisions of federal, state, and local civil rights laws,
regulations, and ordinances regarding public accommodations, and their responsibilities under
such laws. The Parties shall mutually agree upon who shall conduct this training which shall not
be less than three hours in duration. The reasonable costs of this program, which shall not
exceed $750.00, shall be borne by Defendants. All persons attending this program shall have
their attendance certified in writing by the person conducting the educational program.

Within sixty (60) days of obtaining an interest in the ownership, operation,
management or staffing of any Place of Public Accommodation, any Defendant(s) having such
interest and their employees or agents with responsibility for the management and/or provision of
services at such Place of Public Accommodation, shall attend a program of educational training
concerning the substantive provisions of federal, state, and local civil rights laws, regulations,
and ordinances regarding public accommodations, and their responsibilities under such laws.
The Parties shall mutually agree upon the person or persons who shall conduct this training
which shall not be less than three hours in duration. The reasonable costs of this program, which
shall not exceed $750.00, shall be borne by Defendants. All persons attending this program shall
have their attendance certified in writing by the person conducting the educational program.

No later than ten (10) days after the date of entry of this Order, Defendants shall:

Inform each of their employees, agents, partners, and any other
person who provides services in any capacity with regard to Joe's or such other Place
of Public Accommodation of the contents of this Order, their obligations
under this Order, and their nondiscrimination obligations under Title II of
the Civil Rights Act of 1964.

Provide a copy of this Order to each such employee, agent, partner, or
other person described paragraph VI.J.1. above.

Require each employee, agent, partner, or other person described in
paragraph VI.J.1. above to sign a sworn statement in the form of
Attachment E, acknowledging that he or she has received a copy of this
Order, has read it, understands it, and agrees to perform his or her duties in
accordance with the terms of this Order.

For all employees hired by Joe's after the date of entry of this Order or
hired by a Place of Public Accommodation after the date on which any of
the Defendants obtains an interest in the ownership, management,
operation, or staffing of such establishment, Defendants shall comply with
the obligations set out in paragraph VI.J.1. through VI.J.3. above within
five (5) days after each such employee is hired.

In the event that any of the Defendants acquires an interest in the ownership,
operation, management, or staffing of any Place of Public Accommodation, such Defendant shall
comply with the obligations set out in paragraph VI.J.1 through VI.J.3. above no later than ten
(10) days after acquiring an interest in the ownership, operation, management, or staffing of such
establishment

Within thirty (30) days after the date of entry of this Order, Defendants shall redraft,
and submit to the United States for approval, the following:

The dress code that will be applied at Joe's, which shall specify
that employees and other persons managing or staffing Joe's shall apply the
same standards of dress to all patrons regardless of race, color, national
origin, and religion. The United States shall review the dress code
proposed by Joe's to ensure that it clearly describes prohibited attire; is not
unduly susceptible to discriminatory enforcement; requires the same
standards regarding dress to be applied regardless of a patron's race, color,
national origin, or religion; and does not intentionally discriminate against
any patrons or potential patrons on the basis of race, color, national origin,
or religion.

The policy regarding patron's proof of age that will be applied at Joe's,
which shall be redrafted so it requires employees and other persons
managing or staffing Joe's to accept all valid State drivers' licenses, all
valid Federally-issued ID cards, all valid ID cards issued by any State, all
active military ID cards, and all passports as proof of a patron's age so long
as the license, card, or passport contains the bearer's date of birth and
whether or not the license, card, or passport can be scanned by any
equipment used by Joe's; that scanners shall not be used on passports,
military ID, or non-Kansas ID; that in the event that a Kansas ID does not
properly scan, door staff must perform a manual inspection of the ID to
determine authenticity; and that if questions about authenticity remain, the
patron shall be offered the option of having a police officer verify the ID;

Whatever training, instructional, and informational materials are provided
to Joe's employees, which shall be redrafted to include an explanation of
the nondiscrimination requirements of Title II of the Civil Rights Act of
1964, the Americans with Disabilities Act; and State or local laws,
regulations, and ordinances that govern nondiscrimination in
establishments open to the public; the requirements of this Order;
employees' obligation to comply with Title II, other nondiscrimination
laws, regulations, and ordinances, and this Order; and the disciplinary
action that will be taken against employees for failure to comply with Title
II, other nondiscrimination laws, and this Order.

In the event that any of the Defendants acquires an interest in the ownership,
operation, management, or staffing of any Place of Public Accommodation, such Defendant shall
submit the dress code, proof of age policies, and employee training, instructional, and
informational materials to counsel for the United States for review and approval within thirty
(30) days after acquiring such an interest. The dress code, proof of age policies, and employee
training, instructional and informational materials shall be drafted so that they are consistent
with the requirements of VI.L.1 - VI.L.3. above.

Defendants Charles Badeen and Richard Davis shall cease all management and
supervisory duties at Joe's and any other business or establishment covered by this Order
(including any Place of Public Accommodation) in which they subsequently acquire an
ownership and/or managerial interest. Defendants Badeen and Davis may continue ownership
interests in covered establishments, but must enter into a contract with an independent third party
to perform day-to-day managerial and supervisory functions. Defendant Davis may continue to
be an employee of Joe's, but must not have any supervisory duties regarding security or decisions
of who is allowed to enter or remain in Joe's.

In the event that Defendants allow others to utilize Joe's or any other Place of Public
Accommodation, including persons who may rent or otherwise negotiate for use of the building,
Defendants shall inform such persons that they may not discriminate on the basis of race, color,
or national origin. Defendants shall also obtain from them, as a condition of their use of the
building, a sworn statement in the form of Attachment F agreeing that they shall not discriminate
on the basis of race, color, national origin, or religion, violations thereof being subject to the
contempt power of the Court.

Remedies for Past Discrimination

To ensure that all persons are made aware that Joe's will admit persons of all races and to
overcome any legacy stemming from Defendants' prior discriminatory practices, Defendants
shall perform the following actions:

Within thirty (30) days after the date of entry of this Order, make a one-time payment
of Five Thousand Dollars ($5,000) to a civil rights organization whose mission includes efforts
to prevent discrimination on the basis of race, color, and national origin. The funds shall be used
to perform testing at Joe's to insure that it is operating in a non-discriminatory manner. The civil
rights organization designated to receive this payment shall be an organization that has
experience in performing race and national origin testing at places of public accommodation
subject to approval by the United States.

To alert the public that Joe's does not discriminate on the basis of race, color, and
national origin, Defendants shall perform the following advertising:

At least once per month for the first six (6) months from the date
of entry of this Order, obtain paid advertisements in local newspapers or other
printed media, including but not limited to the
Wichita Business Journal,
the Community Voice,
Mi Gente Hoy, and
Nuestra Voz and at least once
per month for the first five (5) months from the date of entry of this Order,
obtain paid advertisements in the
Wichita Eagle. These advertisements
shall be no less than one eighth of one page of the relevant newspaper or
other print media and shall indicate among other information that Joe's is
open to all members of the public on an equal basis, without regard to
race, color, national origin, or religion. Advertisements in Spanish-language news
papers shall be produced in Spanish. The text for the
advertisement is specified in Attachment G.

At least once per month for the first six (6) months from the date of entry
of this Order, obtain paid advertising on local English-language and
Spanish-language radio stations, including but not limited to KANR 92.7
FM, KDGS 93.9 FM, KKRD 107.3 FM, KTCM 100.3 FM (Spanish),
and KSKU 97.1 FM. These advertisements shall be no less than thirty seconds
long and shall indicate, in English and Spanish, that, among other
information, Joe's is open to all members of the public on an equal basis,
without regard to race, color, national origin, or religion. The Spanish-language
version shall be performed by a native speaker of Spanish. The
text for the advertisement is specified in Attachment G.

Throughout the duration of this Order, include a statement in all
advertisements for Joe's or any other Place of Public Accommodation,
whether the advertisement is broadcast via radio, television, print, internet,
electronic mail, or any other means, that Joe's or the other Place of Public
Accommodation does not discriminate on the basis of race, color, or
national origin. The text of this statement is specified in Attachment H.

Throughout the duration of this Order, produce Spanish-language versions
of all advertisements and purchase advertising from Spanish-language
media sources equal to that of English-language media advertising.
Spanish-language versions of radio, television, and other audio
advertisements shall be performed by a native speaker of Spanish.

Reporting, Record Keeping, and Monitoring

No later than sixty (60) days after the date of entry of this Order, Defendants shall
send a report evidencing their compliance with this Order to counsel for the United States. This
report shall consist of the following:

A photograph of each public entrance to Joe's, and any other Place
of Public Accommodation covered by this Order, clearly showing
the signs required under paragraph VI. A., VI. B.,
VI.C, VI.D., and VI.F.
of this Order;

A list of all advertisements as required under paragraph
VII.B. of
this Order, made public in any manner since the entry of this Order,
together with representative samples of such advertisements;

The sworn statements signed by any and all employees pursuant to
paragraph VI.J. and VI.K. of this Order.

Written certification by the person conducting the educational program
referred to in paragraph VI.H., VI.I.

Written certification from Defendants that Charles Badeen and Richard
Davis do not perform any managerial or supervisory functions at any
establishment covered by this Order and identifying the independent third
party with whom Defendants have contracted to perform such managerial
and supervisory duties for any establishment covered by this Order.

Six (6) months after the date of entry of this Order, and every six months thereafter
until this matter is dismissed with prejudice against the applicable Defendant, the Defendants
shall send to counsel for the United States a written report evidencing continuing compliance
with this order. This report shall contain the following information:

Representative samples of all advertising for the previous six-month
period, as required by paragraph VII.B. above;

The sworn statements signed by new employees pursuant to paragraph
VI.J. and VI.K.. of this Order.

Written certification by the person conducting the educational program referred
to in paragraph VI.H., VI.I.

All documents obtained from persons who rent or otherwise use the
buildings, as required by paragraph VI.N.;

Any written or oral complaint which comes to the attention of the
Defendants, either personally or through their managers, officers, directors
or shareholders, or employees, involving any discrimination on the basis
of race, color, or national origin at Joe's and/or any other business or entity
covered by this Consent Order in which any Defendant presently has, or
subsequently acquires, an ownership or management interest. If the
complaint is written, the Defendants shall provide the original; if the
complaint is oral, the Defendants shall provide a written summary of it
along with the name or other identifying information of the complainant.
The Defendants shall include full details of the complaint, including the
complainant's name, address and telephone number, and any action taken
or proposed by the Defendants in response to the complaint;

Information regarding any change in the ownership of Joe's and any
change in its name or address;

Information regarding any interest that any Defendant has obtained in any
other Place of Public Accommodation during the preceding six-month
period. Such information shall include the name of the establishment in
which the Defendant(s) has acquired or developed such interest, the
identity of the Defendant acquiring the interest, the nature of the interest,
the address of such establishment, the goods and/or services provided by
such establishment, and the dates of operation of such establishment.
Upon reasonable request, the Defendants shall provide to the United States
copies of pertinent records or documents relating to any other Place of
Public Accommodation;

Notification to counsel for the United States whether, during the preceding
six-month period, any Defendant has either ceased operating, or has
licensed his or her name to others for the purpose of operating Joe's or any
other establishment or business covered by this Order, in which the
Defendant(s) had an ownership or management interest. Upon reasonable
request, the Defendant(s) shall provide to the United States copies of
pertinent records or documents; and

Written certification from Defendants Badeen and Davis that they do not perform
any managerial or supervisory functions in any establishment or business covered
by this Order in which they acquired an ownership or other interest during the
preceding reporting period and identifying the third party with whom they have
contracted to provide such managerial services for such establishment or business.

Defendants shall, until this lawsuit is dismissed with prejudice as described in
Section IX below, preserve all records which are the source of, or
contain, any of the information pertinent to Defendants' obligations under this Order.
Upon reasonable notice to counsel for Defendants, representatives of the United States
shall be permitted to inspect and copy all pertinent records of Defendants at any and
all reasonable times; provided, however, that the United States shall endeavor to
minimize any inconvenience to Defendants from inspection of such records.

Duration of the Order

This Court shall retain jurisdiction of this case until it is dismissed with prejudice.
Defendants Gale, Davis, Anthony Morris, Connie Morris, Better Times, Inc., and JOOT, Inc.
may move the Court to dismiss this lawsuit with prejudice at the sooner of 40 months after the
entry of this Order or six months after the United States' receipt of the last report required under
Section VIII above. Defendant Badeen may move this Court to dismiss this lawsuit with
prejudice at the sooner of 66 months after the entry of this Order or six months after the United
States's receipt of any reports he is required to provide.

Enforcement of this Order

This Court shall retain jurisdiction of this case until it is dismissed with prejudice as set
forth in Section IX above for the purpose of enforcing this Order. The Parties shall endeavor to
resolve informally any differences regarding interpretation of or compliance with this Order prior
to bringing such matters to the Court for resolution. Before any of the Parties brings such matter
to the Court, the moving party shall file with the Court a certification that the Parties involved in
the dispute have conferred in an attempt to resolve the dispute. However, any failure to comply
with any or all of the provisions of this Order, including timely notice, shall subject Defendants
to findings of contempt, and the Parties have agreed that the United States may seek any and all
relief from this Court, including the assessment of a monetary penalty of $3,000.00, against
defendants for every instance of noncompliance, substantive or otherwise. Such penalty or
penalties shall be paid to an organization furthering civil rights in the state of Kansas selected by
the United States.

It is so ORDERED, ADJUDGED, and DECREED this _____ day of _____________,
2002.

1. Sections VI.A., VI.C., VI.E., VI.F., VI.G., VI.J., VI.L., VI.N., VII, and VIII.A. will not
apply to Defendant Gale. Sections V, VI.B., VI.D., VI.H., VI.I., VI.K., VI.M., VI.O., VIII.B, and
VIII.C. will apply to Defendant Gale if he obtains an interest in the ownership, operation,
management, or staffing of any place of public accommodation, as defined below, within the
duration of this Order.